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Service Contract Act Wage Determination Fringe Benefits document sample

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									   REGISTER OF WAGE DETERMINATIONS                             U.S. DEPARTMENT OF LABOR
      By direction of the Secretary of Labor                         ADMINISTRATION
                                                                WAGE AND HOUR DIVISION
                                                                 WASHINGTON, D.C. 20210

     Shirley F. Ebbesen       Division of Wage                Wage Determination No.: 1981-0205
     Director                 Determinations
                                                                        Revision No.: 26
                                                                Date of Last Revision: 05/29/2008

State: Maine
Area: Maine Statewide

                        **Fringe Benefits Required Follow the Occupational Listing**

Employed on contracts for forestry, land management, cultural resource inventory and related services.

OCCUPATION CODE - TITLE                                      MINIMUM WAGE RATE

08010 - Brush/Precommercial Thinner                                 11 .76
08040 - Choker Setter                                                9 .71
08070 - Faller/Bucker                                               10 .80
08100 - Fire Lookout                                                11 .76
08130 - Forestry Equipment Operator                                 11 .31
08160 - Forestry/Logging Heavy Equipment Operator                   12 .35
08190 - Forestry Technician                                         12 .35
08250 - General Forestry Laborer                                     9 .02
08280 - Nursery Specialist                                          16 .30
08310 - Slash Piler/Burner                                          11 .76
08340 - Tree Climber                                                13 .16
08370 - Tree Planter                                                 9 .59
08400 - Tree Planter, Mechanical                                     9 .59


HEALTH & WELFARE: $3.24 per hour or $129.60 per week or $561.60 per month

VACATION: 1 week paid vacation after 1 year of service with contractor or successor; and 2 weeks after 3
years. Length of service includes the whole span of continuous service with the present contractor or
successor, wherever employed, and with the predecessor contractors in the performance of similar work at
the same Federal facility. (Reg. 29 CFR 4.173)

HOLIDAYS: A minimum of nine paid holidays per year: New Year's Day, Washington's Birthday,
Memorial Day, Independence Day, Labor Day, Columbus Day, Veterans' Day, Thanksgiving Day, and
Christmas Day. (A contractor may substitute for any of the named holidays another day off with pay in
accordance with a plan communicated to the employees involved.) (See 29 CFR 4.174)


If employees are required to wear uniforms in the performance of this contract (either by the terms of the
Government contract, by the employer, by the state or local law, etc.), the cost of furnishing such uniforms
and maintaining (by laundering or dry cleaning) such uniforms is an expense that may not be borne by an
employee where such cost reduces the hourly rate below that required by the wage determination. The
Department of Labor will accept payment in accordance with the following standards as compliance:

The contractor or subcontractor is required to furnish all employees with an adequate number of uniforms
without cost or to reimburse employees for the actual cost of the uniforms. In addition, where uniform
cleaning and maintenance is made the responsibility of the employee, all contractors and subcontractors
subject to this wage determination shall (in the absence of a bona fide collective bargaining agreement
providing for a different amount, or the furnishing of contrary affirmative proof as to the actual cost),
reimburse all employees for such cleaning and maintenance at a rate of $3.35 per week (or $.67 cents per
day). However, in those instances where the uniforms furnished are made of "wash and wear" materials,
may be routinely washed and dried with other personal garments, and do not require any special treatment
such as dry cleaning, daily washing, or commercial laundering in order to meet the cleanliness or
appearance standards set by the terms of the Government contract, by the contractor, by law, or by the
nature of the work, there is no requirement that employees be reimbursed for uniform maintenance costs.


Under the policy and guidance contained in All Agency Memorandum No. 159, the Wage and Hour
Division does not recognize, for section 4(c) purposes, prospective wage rates and fringe benefit provisions
that are effective only upon such contingencies as "approval of Wage and Hour, issuance of a wage
determination, incorporation of the wage determination in the contract, adjusting the contract price, etc."
(The relevant CBA section) in the collective bargaining agreement between (the parties) contains
contingency language that Wage and Hour does not recognize as reflecting "arm's length negotiation"
under section 4(c) of the Act and 29 C.F.R. 5.11(a) of the regulations. This wage determination therefore
reflects the actual CBA wage rates and fringe benefits paid under the predecessor contract.

The duties of employees under job titles listed are those described in the "Service Contract Act Directory of
Occupations", Fifth Edition, April 2006, unless otherwise indicated. Copies of the Directory are available
on the Internet. A links to the Directory may be found on the WHD home page at or through the Wage Determinations On-Line (WDOL) Web site at
{Standard Form 1444 (SF 1444)}

Conformance Process:

The contracting officer shall require that any class of service employee which is not listed herein and which
is to be employed under the contract (i.e., the work to be performed is not performed by any classification
listed in the wage determination), be classified by the contractor so as to provide a reasonable relationship
(i.e., appropriate level of skill comparison) between such unlisted classifications and the classifications
listed in the wage determination. Such conformed classes of employees shall be paid the monetary wages
and furnished the fringe benefits as are determined. Such conforming process shall be initiated by the
contractor prior to the performance of contract work by such unlisted class(es) of employees. The
conformed classification, wage rate, and/or fringe benefits shall be retroactive to the commencement date
of the contract. {See Section 4.6 (C)(vi)} When multiple wage determinations are included in a contract, a
separate SF 1444 should be prepared for each wage determination to which a class(es) is to be conformed.

The process for preparing a conformance request is as follows:

1) When preparing the bid, the contractor identifies the need for a conformed occupation(s) and computes a
proposed rate(s).

2) After contract award, the contractor prepares a written report listing in order proposed classification
title(s), a Federal grade equivalency (FGE) for each proposed classification(s), job description(s), and
rationale for proposed wage rate(s), including information regarding the agreement or disagreement of the
authorized representative of the employees involved, or where there is no authorized representative, the
employees themselves. This report should be submitted to the contracting officer no later than 30 days after
such unlisted class(es) of employees performs any contract work.

3) The contracting officer reviews the proposed action and promptly submits a report of the action, together
with the agency's recommendations and pertinent information including the position of the contractor and
the employees, to the Wage and Hour Division, Employment Standards Administration, U.S. Department
of Labor, for review. (See section 4.6(b)(2) of Regulations 29 CFR Part 4).

4) Within 30 days of receipt, the Wage and Hour Division approves, modifies, or disapproves the action via
transmittal to the agency contracting officer, or notifies the contracting officer that additional time will be
required to process the request.

5) The contracting officer transmits the Wage and Hour decision to the contractor.

6) The contractor informs the affected employees.

Information required by the Regulations must be submitted on SF 1444 or bond paper.

When preparing a conformance request, the "Service Contract Act Directory of Occupations" (the
Directory) should be used to compare job definitions to insure that duties requested are not performed by a
classification already listed in the wage determination. Remember, it is not the job title, but the required
tasks that determine whether a class is included in an established wage determination. Conformances may
not be used to artificially split, combine, or subdivide classifications listed in the wage determination.

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